According to law 3028/02 "Immovable Monuments" are monuments which are attached to and remain on the ground, the seabed or on the bed of lakes and rivers, as well as monuments which are found on the ground, the seabed or on the bed of lakes and rivers and cannot be removed without damage to their values as testimonies. Immovable monuments also include installations, structures decorative and other elements, which form an integral part of monuments as well as their surroundings. Ancient immovable monuments are the monuments that are dated up to 1830. Classification as immovable can include artifacts that are related to a certain use of the immovable uses compatible with its character as a monument as well as its surroundings and its elements.
Ownership of immovable monuments
Ancient immovable monuments dating up to 1453 and monuments which have been or are revealed during excavations belong to the state in terms of ownership and possession, are extra commercial and imprescriptible. The right of ownership of other immovable monuments dating after 1453 shall be excersid in accordance with the terms and conditions of law 3028/02.
Any person who discovers or finds an immovable antiquity must declare it without undue delay to the nearest archaeological, police or port authority. The declaration must contain the exact location where the antiquity was discovered or found and any other useful detail. If the antiquity is discovered or found on a ground where works are carried out, these must be stopped immediately until the service renders its decision. The service shall inspect and record the antiquity without undue delay and shall take all necessary measures for its protection and safeguarding, after notifying the owner of the immovable where it was found if possible. It is the responsibility of the service to decide by a reasoned report on the preservation or not of an immovable antiquity, following a preliminary excavation, if required. If the issues is considered to be of primary importance, it may be referred to the CAC within two months after finding or discovery of the antiquity at the latest, which shall render its opinion within two months from the date of referral at the latest. In such case the Minister decides on the issues of preservation.
By decision of the minister of culture, following an opinion of the CAC the person who declares the existence of an immovable antiquity shall receive monetary reward commensurate to the importance of the antiquity and his contribution to its discovery and rescue. The law stipulates special regulations and exceptions to this right.
1. If the antiquity s found on a private real estate, the right holder is entitle to compensation for the deprivation of its use, starting three months after the declaration or finding of the antiquity in case the service has not decided before on the preservation or not.
2. If the service decided to carry out a preliminary excavation the right holder is entitled to compensation for the deprivation of the use of the real estate and for any damage resulting from excavation. The compensation has to be paid the latest one year after declaration or finding of the antiquity. The expropriation regulation under art. 19 are to be taken under consideration.
3. The right holder shall be indemnified for the expenses incurred for protecting the antiquity in accordance with the instructions of the service until the issuance of the decision on its preservation. This does not apply for works that have to be done during the building period in order to protect the antiquities!
Owners's DutiesThe owner or the possessor of an ancient monument (1453-1830) or of a real estate in which an ancient monument is found is responsible for undertaking conservation, consolidation or protective measures for a dilapidated monument without undue delay, at his own expense, under the supervision of the service and in accordance with legal provisions. If the owner or the possessor takes no action the holder shall be under the same duty and may turn against the owner or the possessor. If the service considers that the conservation or consolidation work has been delayed for any reason or has been delayed for any reason or has proved inadequate, it may take all necessary measures , while reserving the right to recover the total amount or part of the expenses from the person liable in accordance with the provisions on the collection of public revenues.